NY N025228 - COUNTRY OF ORIGIN MARKING OF IMPORTED MOTORCYCLE ACCESSORIES - United States International Trade Commision Rulings

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NY N025228

April 11, 2008

MAR-2:OT:RR:NC:N1:101

CATEGORY: MARKING

Adam Gold
Adaptiv Technologies
459 Columbus Avenue, Suite 709
New York, NY 10024-5129

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED MOTORCYCLE ACCESSORIES

Dear Mr. Gold:

This is in response to your letter dated March 15, 2008 requesting a ruling on whether your proposed method of marking the cardboard box and/or clear, heat-sealed plastic bag, in which you import motorcycle radar detectors and their accessories, with their Country of Origin, in lieu of marking the article itself, is an acceptable Country of Origin marking. Marked samples were submitted with your letter for our inspection.

There are five (5) articles concerned in this Ruling Request:

The first article is a black cardboard box with silver and red lettering that contains the Main Console Radar Detector. The box measures 8 inches by 7 inches and states “Made in China” on the bottom in 1mm silver lettering.

The second article is a black cardboard box with silver and red lettering that contains the Visual Alert (Tri-LED device to alert driver of radar detection). The box measures 3 ¾ inches by 4 ¾ inches and states “Made in China” on the bottom in 1mm silver lettering.

3. The third article is a black cardboard box with silver and red lettering containing the Wireless Headset (Speaker and Receiver which alerts the driver to radar detection). The box measures 4 inches by 4 ¾ inches and states “Made in China” on the bottom in 1mm silver lettering.

4. The fourth article is a clear, heat-sealed plastic bag containing a TPX HC Mount; the bag has a white sticker with a barcode and black, 1mm lettering fastened to its upper portion that states “Made in Taiwan”. You state in your Ruling Request that this is only one of several mounting kits. All the kits will be packed and labeled in the same fashion. The bag measures 10 inches by 4 inches.

5. The fifth article is a clear, heat-sealed plastic bag containing a TPX Replacement Wiring Harness; the bag has a white sticker with a barcode and black, 1mm lettering fastened to its upper portion that states “Made in China”. The bag measures 10 inches by 4 inches.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the Motorcycle Radar Detector and its Accessories is the consumer who purchases the product at retail.

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the Motorcycle Radar Detector and its Accessories by viewing the container in which it is packaged, the individual Motorcycle Radar Detector and its Accessories would be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the Motorcycle Radar Detector and its Accessories are imported and sold to the ultimate purchaser, in lieu of marking the article itself, is an acceptable Country of Origin marking the Port Director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

This ruling is being issued under the provisions of Part 134 of the Customs Regulations (19 CFR Parts 134).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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